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Obligation to Pay Child Support
Obligation to Pay Child Support
​Ashabranner v. Wilkins (Ind. Ct. App. June 15, 2012) In this case, the Court of Appeals addressed a situation in which a nineteen-year-old child lived with neither parent, received Section 8 housing assistance, worked, and was in the process of beginning college.
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Protected Person Statute
Protected Person Statute
​A.R.M. v. State (Ind. Ct. App. June 7, 2012) In this case, the Court of Appeals addressed the Protected Person Statute, Indiana Code section 35-37-6-6, which governs, among other things, the admission of child testimony by videotape in sex crime cases.
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Termination of Child Support
Termination of Child Support
​Sexton v. Sexton (Ind. Ct. App. June 8, 2012) This case is the Court of Appeals’ first opportunity to discuss Public Law 111-2012, which will change the presumptive age for termination of child support from twenty-one to nineteen, effective July 1, 2012.
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Governmental Liability
Governmental Liability
​W.D. v. City of Nappanee (Ind. Ct. App. June 6, 2012) This case involves a suit brought by a child and his parents against the City of Nappanee following injuries sustained by the child in a near-drowning in the City pool.
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Legal Malpractice
Legal Malpractice
​Perkins v. Stesiak (Ind. Ct. App. May 30, 2012) In this case, the Court of Appeals affirmed a trial court’s grant of summary judgment on the grounds that the plaintiff had no cognizable claim for emotional distress.
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Wrongful Death and Premises Liability
Wrongful Death and Premises Liability
Adnrousky v. Walter (Ind. Ct. App. May 30, 2012) The Plaintiff in this case filed suit against a landowner after the Plaintiff’s son drowned in the landowner’s pool.
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Attorney-Client Relations
Attorney-Client Relations
​Myers v. Deets (Ind. Ct. App. May 29, 2012) This case involves a suit by a client against an attorney and the attorney’s partner (“Edward”), firm, and insurance company after the attorney allegedly and improperly failed to refund part of a retainer.
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Criminal Procedure
Criminal Procedure
​​Haste v. State (Ind. Ct. App. May 25, 2012) In this case, a criminal defendant appealed a conviction and sentence for dealing methamphetamine following an order sentencing the defendant to 10 years.
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Appellate Procedure: In re Estate of Shuler (Ind. Ct. App. May 25, 2012)
Appellate Procedure: In re Estate of Shuler (Ind. Ct. App. May 25, 2012)
​In re Estate of Shuler (Ind. Ct. App. May 25, 2012) This case addresses the important issue of whether an order is “final” for purposes of an appeal.
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Landlord-Tenant Law
Landlord-Tenant Law
​Reynolds v. Capps (Ind. Ct. App. May 23, 2012) A landlord filed a claim for ejection and past-due rent. No judge appeared at the small claims trial, so a court reporter took down argument from the parties.
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Service of Pleadings and Motions
Service of Pleadings and Motions
​Clements v. Hall(Ind. Ct. App. April 24, 2012) In this case, the Court of Appeals reversed a trial court’s denial of a motion for relief from judgment. The defendant’s attorney was not served with the plaintiffs’ summary judgment motion, which the trial court had granted.
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Insurance Coverage
Insurance Coverage
Omni Insurance Group v. Poage(Ind. Ct. App. April 23, 2012) Parties often litigate the issue of whether a person was a resident of another’s home for purposes of an insurance policy.
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Belated Criminal Appeals
Belated Criminal Appeals
Darby v. State (Ind. Ct. App. April 19, 2012) In this criminal appeal, the Court of Appeals affirmed the trial court’s denial of the defendant’s petition to file a belated notice of appeal.
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Appellate Jurisdiction
Appellate Jurisdiction
​Walters v. Austin (Ind. Ct. App. April 18, 2012) This case demonstrates the importance of knowing and following appellate procedural rules.
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Unemployment Benefits
Unemployment Benefits
​Alebro v. Review Board of the Indiana Department of Workforce Development (Ind. Ct. App. April 18, 2012) In this case, the Court of Appeals reversed the Review Board’s grant of unemployment benefits, holding that if an employee’s explanation for the behavior that led to termination is a different terminable offense, the employer has just cause to terminate the employee.
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Fourth Amendment
Fourth Amendment
​Westmoreland v. State (Ind. Ct. App. April 17, 2012) This case is Indiana's Court of Appeals' first in-depth discussion of the SCOTUS decision in Arizona v. Johnson, 555 U.S. 323 (2009), which addressed the authority of police officers to conduct pat-down searches of vehicle passengers after routine traffic stops.
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Worker's Compensation Exclusivity
Worker's Compensation Exclusivity
​The Estate of Smith v. Stutzman (Ind. Ct. App. March 23, 2012) In this case, the Court of Appeals held that the trial court properly set aside a default judgment entered against an employer on a claim brought by an employee who claimed he was injured due to the employer’s negligence.
Duty for Safety on Construction Site
Duty for Safety on Construction Site
​Hunt Construction Group, Inc. v. Garrett (Ind. March 22, 2012) This important construction accident case resulted in two important holdings.
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Insurance Coverage for Pollution
Insurance Coverage for Pollution
​State Mutual Insurance Company v. Flexdar, Inc. (Ind. March 22, 2012) In a 3-2 decision, our Supreme Court held that the pollution exclusion in the Defendant’s commercial general liability policy was ambiguous and therefore provided coverage for the Plaintiff’s costs of cleaning up trichloroethylene that was present in its soil and groundwater.
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Appellate Attorney Fees
Appellate Attorney Fees
​Chaney v. Clarion Health Partners, Inc. (Ind. Ct. App. March 22, 2012) In this case, the Court of Appeals affirmed its initial order awarding appellate fees and costs but modified its published decision based on two errors pointed out by the parties seeking rehearing.
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